Recent Blog Posts

Illinois Passes Automated Speed Enforcement Law

Steve Morton — Fri, 06 Apr 2012 17:20:00 GMT

The Illinois General Assembly has recently amended the state's Vehicle Code to permit municipalities to use automated speed enforcement systems in safety zones. The new law will be effective on July 1, 2012.

The Code defines a safety zone as an area within a one-eighth-mile radius of an educational facility or a recreational facility owned by a park district. Within this radius, municipalities will be able to install systems that automatically record the speed of a vehicle violating the speed limit and that capture images of the vehicle and the vehicle's license plate. The municipality will have up to 90 days after the violation to issue a written notice to the offending driver.

Violators will be subject to a maximum fine of $100, plus another $100 for failure to pay the initial fine on time. However, no penalty will apply if the vehicle's recorded speed was not more than five miles per hour over the legal limit. A municipality must use the proceeds from these fines for specified civic purposes, such as initiatives to improve pedestrian and traffic safety.

Images captured by the new automated speed enforcement systems will be confidential and available only to governmental and law enforcement agencies for specified purposes. Violations under the amended section of the Vehicle Code will not be considered moving violations and may not affect the driving record of the vehicle's owner.

(Source: Illinois Bar Journal, April 2012, Vol. 100)

FEDERAL JUDGE DISMISSES LAWSUIT CHALLENGING BAN ON NON-LAWYER OWNERSHIP

Steve Morton — Sun, 11 Mar 2012 22:12:00 GMT

On Thursday, March 8, 2012, U.S. District Judge Lewis Kaplan tossed a lawsuit brought in Manhattan by prominent personal injury law firm Jacoby & Meyers. The firm's suit challenged the constitutionality of a New York state ethics rule that prohibits non-lawyers from having a financial stake law firms. The case was closely watched because every jurisdiction in the United States besides the District of Columbia currently maintains similar restrictions on non-lawyer ownership of law businesses. Conversely, the United Kingdom and Australia have recently reversed their own rules on the subject and now permit non-lawyers to be financially involved with law firms.

Ethics rules against non-lawyer ownership exist because of concerns that the profit motive of non-lawyer investors or managers might undermine the law firm's duty to its clients. However, Judge Kaplan did not rule on this issue. The judge found that Jacoby & Meyers lacked standing to bring their suit. Jacoby & Meyers contended that the firm had several investors interested in putting substantial sums of money into the firm, but Judge Kaplan found that Jacoby & Meyers had not proved that it had been harmed by the ethics rule. In the absence of harm to the plaintiff, the court's decision on the constitutionality of the ethics rule would be purely advisory and therefore not permitted according to court practice.

Jacoby & Meyers has filed two similar cases in New Jersey and Connecticut.

(Source: http://www.reuters.com/article/2012/03/08/jacobymeyers-idUSL2E8E8EHF20120308)

Illinois Governor Signs Speed Camera Law

Steve Morton — Fri, 24 Feb 2012 22:31:00 GMT

On Monday, February 6^th, 2012, Illinois governor Pat Quinn signed a bill into law that permits the city of Chicago to place speed cameras within one-eighth of a mile of city schools and parks. The speed-detection equipment will capture footage of motorists exceeding the speed limit, who will be mailed a computer-generated fine of $50 for six miles over the legal limit, and $100 for eleven miles over the limit.

The new law was approved and signed despite overwhelming opposition in public correspondence on the issue. Critics claim the new cameras are simply a device for raising revenue, while supporters—including some personal injury attorneys—maintain that the new equipment will reduce accidents involving pedestrians.

The Chicago Tribune has calculated that cameras placed near schools and parks would be able to cover more than one half of the city of Chicago.

The city will be able to install the new equipment beginning July 1^st, but the Chicago City Council must still vote to implement the program.

(Source: abcnews.com)

Health Care Workers At High Risk of Workplace Injury

Steve Morton — Wed, 14 Dec 2011 23:28:00 GMT

Recent statistics from the Department of Labor indicate a surprising fact: workers at hospitals, doctors' offices and residential care facilities are more likely to be injured on the job than workers in some traditionally 'high risk' occupations such as construction.

The rate of workplace injury in the medical profession was the focus of the Department of Labor's annual report on workplace injuries and illness. According to the report, in 2010, workers in the health care and social assistance sector have an injury and illness rate of 5.2 cases for every 100 workers. This compares to a rate of 3.5 cases per 100 workers across all private sectors. The construction sector recorded a rate of 4.0 cases per 100 workers, while the manufacturing sector came in at 4.4.

Within the health care and social assistance sector, workers in nursing and residential care facilities were most at risk with a rate of 8.2 illnesses and injuries per 100 workers. Hospital workers came next with a 7.0 rate.

According to labor department economists, illnesses make up only a small percentage of these workplace injuries. Most involve back strains from lifting and moving patients, slips and falls on wet floors at hospitals and nursing homes, and so-called needlesticks: injuries resulting from accidental punctures by medical equipment.

TEEN TEXTING IS A ROADWAY RISK

Steve Morton — Tue, 22 Nov 2011 19:01:00 GMT

According to data from the National Highway Traffic Safety administration, teenagers sending text messages on their cell phones account for the greatest number of distracted drivers on the road. Teenagers are involved in three to four times as many distracted driving accidents as older drivers, due to such pursuits as texting while operating a vehicle.

Distracted driving is a growing health and safety concern. A 2009 study from the U.S. Center for Disease Control found that there were more than 5,000 fatalities and almost 450,000 injuries due to distracted driving nationwide. In 2010, the CDC found that 40 percent of drivers aged 18 to 29 admitted to driving while carrying on cell phone conversations, and over 25 percent of drivers in this same age range reported that they regularly send text message or e-mails on their cell phones while driving a car.

Thirty-four states, including Illinois, have laws banning texting while driving. Illinois' law was enacted in January of 2010.

If A Doctor Leaves the Country, What Happens to the Medical Records?

Steve Morton — Fri, 11 Nov 2011 23:08:00 GMT

If a doctor were to die unexpectedly, a colleague would typically cover the practice for a period of time and take responsibility for access to any medical records. State law frequently requires a doctor's estate to inform the public and make medical records accessible. But what happens when a doctor suddenly leaves the country?

Recent events in Rhode Island are being viewed as a test case regarding access to the medical records of an expatriate doctor. Dr. Nomate Kpea, who has practiced dermatology in Rhode Island since 1985, has apparently left the country to run for the National Assembly of Nigeria—without naming another physician to take responsibility for his patients. This leaves an estimated 33,000 patients—and their records of treatment—in a legal limbo. Tens of thousands of medical records are presently sitting in two foreclosed office buildings formerly owned by Dr. Kpea.

The Rhode Island Department of Health is working with the bank that owns the mortgages on these properties to determine how and when patients might be able to access their records. Bank officials have expressed a willingness to turn the records over to the state. The state, in turn, claims that it is not up to Rhode Island to take delivery of Kpea's records, and that the state has neither the space to house them nor the money to make them accessible to patients.

Lou Ann Wiedemann, of the American Health Information Management Association, holds that it is the state's responsibility to either take control of the records or contract with a party that can. She said patients may file a complaint with the U.S. Department of Health and Human Services' Office of Civil Rights. As of this writing, the situation in Rhode Island remains unresolved.

New Study Finds that Curbside Buses Have a Higher Accident Rate

Steve Morton — Wed, 09 Nov 2011 17:26:00 GMT

A report released on Monday, October 31^st 2011 by the National Transportation Safety Board finds that curbside buses have an accident rate markedly higher than that of other types of interstate bus operators.

These curbside services pick up passengers from retail stores, parking lots and street corners rather than typical bus terminals. The industry is now thriving, based on its inexpensive fares. According to the Transportation Safety Board, half of curbside operators have been in business for 10 years or less, and 44 percent have 10 or fewer buses.

The Transportation Safety Board study found that curbside services have an accident rate of 1.4 per 100 vehicles. Traditional bus operators have an accident rate of just 0.2 per 100 vehicles. This makes the accident rate for curbside operators seven times higher than that for other bus services. One should exercise caution when making use of a curbside bus service, as the level of professionalism exercised by their drivers and business may not be as high.

Change to Worker's Compensation Law

Steve Morton — Fri, 23 Sep 2011 22:15:00 GMT

The Illinois General Assembly decided to change the workers' compensation system this year. This legislation was has been in the works for several years and has finally passed. The old version of the Illinois Worker's Compensation Act was riddled with loop holes and inefficiencies. The new law affects injuries that occur as of September 1, 2011 or later. If you got hurt before September 1, 2011, the old law still applies.

As with most changes to the law, no one knows exactly what is going to happen with the application of the new law. Yet several thing is nearly certain, and they are highlighted below:

· If you are undergoing a wage loss from a job change, the value of your case willdefinitely drop as you are only eligible for benefits up to age 67 or for five years, whichever is longer.
· Doctors will certainly receive less compensation, but this change was necessary as they often re-cooped more than their fair share under the old system.
· The old law gave an injured worker the opportunity to be treated by a doctor of their choosing, and also to get a second opinion. Under the new law, the injured worker must see a company doctor or a preferred provider from the company's list of doctors.
· Under the new law, carpal tunnel cases are now limited to a maximum of 28.5 weeks of compensation for permanency (28.5 x 60% of your average weekly wage). Under the old law, carpal tunnel cases were typically worth 41 week of permanency.

As far as the injured worker themselves, nothing really changes for you. If you get hurt, you should report it to your employer. If you go to the doctor, you need to tell them how the injury happened. And during the claim, if you are honest things should work out accordingly.

And remember, don't let an insurance company adjuster tell you that the system has changed and so have your rights. Your rights have not changed. Steven J. Morton & Associates is ready to navigate through the changing landscape of Illinois Worker's Compensation law.

Teenage Drivers

Steve Morton — Fri, 16 Sep 2011 21:52:00 GMT

Sadly, car crashes account for more than one-third of deaths in U.S. teens, according to the Centers for Disease Control and Prevention, and are the leading cause of death for that age group. Most every state has passed a law that restricts young drivers from driving at night, or with a car full of teens in an effort to combat these statistics. Yet, does this make a teenage driver any safer on our roads? A recent study compared the death rates of 16-year olds and 18-year olds in states with so-called graduated licensing programs with similar drivers in states without such programs. The study found fewer fatal crashes among 16-year-olds, but more among 18-year-olds, when states had graduated driver licensing programs in place. There was no difference in fatal crashes among all teen drivers combined under the programs. Jean Shope of the University of Michigan Transportation Research Institute sees that this data may prove that the graduated programs delay a teenage drivers' ability to learn how to react at night. Researchers still need to tease out whether driving restrictions help teens drive more safely -- or whether they just take them off the road, without necessarily improving behavior and future driving.

E-Filing Systems

Steve Morton — Fri, 09 Sep 2011 17:21:00 GMT

The Illinois Supreme Court announced the creation of a pilot e-Records program on August 3, 2011. In conjunction with the pilot program announced on August 3^rd, the Illinois Supreme Court formed an e-filing committee chaired by Justice Thomas L. Kilbride. The e-records program will allow attorneys and Justices in the 2^nd Appellate District to view certain records electronically. Attorneys in Illinois should see this program as a step in the right direction. Ideally, the Circuit Courts will follow the Appellate Court's lead in advancing an e-filling and e-records systems. The Federal Courts have utilized e-filing and e-records systems for several years. Those familiar with the Federal Court's e-filing system realize that e-filing increases efficiency and access to our various judicial systems. The legal community always seems hesitant to respond to advances in technology. This is understandable considering the importance of legal record retention. Those concerned with the security of digital systems should take solace in the fact that in the majority of e-records and e-filing programs, the paper record continues to serve as the "official" record. Yet, digital files are common place in the legal arena and modern world we all live in. Searchable digital files are an incredible asset to any practice. E-filing and e-records systems are inevitable and the increased efficiency that will result from their implementation will only serve to lower legal costs throughout the state. Hopefully, within the coming months, a successful an e-filing program will reach the Circuit Courts and the Daley Center. Assuredly, Steven J. Morton & Associates is ready to for an e-filing and e-records system.

Recent case expands the Petrillo Doctrine

Steve Morton — Fri, 02 Sep 2011 15:07:00 GMT

In 1986, the 1^st District held in Pertillo v. Syntex Laboratories, 148 Ill.App.3d 581, (Ill. 1^st Dist. 1986), that defendants may not have ex-parte communications with a plaintiff's physician. The Court ruled that such ex-parte discussions could threaten the confidential and fiduciary relationship between a doctor and their patient. It is easy to imagine a scenario where an insurance company would "suggest" to a medical provider that an injury did not arise out of an accident, or was not work-related, or was not severe in an effort to limit their exposure. So what does this all mean? In plain English, this means that your insurance company (or any of their representatives) cannot talk to your doctor. If they do, those communications cannot be admitted as evidence in your pending trial. Since Petrillo, Illinois courts have continued to expand the Petrillo doctrine. Now, defendants are not permitted to communicate with health-care providers that "assisted" in the medical treatment to the plaintiff or even communicate with non-medical professionals who merely have access to the plaintiff's medical records. On May 10, 2011, the 1^st District further expanded the Petrillo doctrine in a case Aylward v. Settecase (unpublished). In Aylward, the 1^st District held that the Petrillo doctrine applies to any employee, or corporate entity, which may be involved with the medical care of a plaintiff. Accordingly, you can rest assured that your doctor will not be influenced by the insurance company in Illinois. Steven J. Morton & Associates will continue to follow the progression of the Petrillo doctrine.

You got into a car accident, now what....

Steve Morton — Fri, 26 Aug 2011 17:31:00 GMT

You got into a car accident, now what….

As a personal injury attorney, I am often contacted by people who have just gotten into a car accident and they do not know what to do. These people are often dealing with injuries, damage to their car, and numerous other concerns. First, I like to offer them some basic advice to put them at ease. Here is a simple list of DOs and DONTs that can really help in the few days after the accident.

DOs

DO receive medical care if you think that you are hurt. Listen to your body. If you are in pain, see a doctor. I have seen many clients suffer unnecessary injuries because they failed to seek medical attention after an accident. It is always better to be safe than sorry. Your health is the most important thing.
DO contact a personal injury attorney. Even if you are unsure of whether you "have a case or not", contact an attorney. An attorney will help resolve your potential claims and deal with your insurance provider, as well as the responsible party's insurance provider. An Insurance Research Council study found that hiring an attorney will typically lead to resolving a claim for 3.5 times more than those claims resolved without an attorney. Steven J. Morton & Associates offers free consultations. Please feel free to contact us.
DO take pictures. Having pictures of your car, the other driver's car, and the scene of the accident, and your injuries can be extremely important. Obviously, if you are hurt, seek medical attention before taking any photographs. If you are not hurt, and taking pictures would not put you in danger, then take the photos. Today, most people have cameras on their cell phones. Don't be afraid to use them.
DO save your paperwork. Whenever you are in a car accident, the police should be called. You should get a copy of the police report generated by the reporting officer. You can do this by calling the non-emergent line of the police department. Also, start saving all of your medical records and bills. Be organized. It will save you time and energy as your claim progresses.

DONTs

DON'T make any record statements. Insurance providers have been known to ask for recorded statements or written statement after an accident. I strongly recommend you do not make any such statements without first consulting an attorney. Even though your insurance agent is supposed to help you, their objectives can often be out of line with yours. No matter what the insurance carrier says, these statement can come back to hurt you.
DON'T sign anything. People are often confused by the paperwork provided by their insurance company after an accident. It is important that you not sign anything that you do not understand. Always contact an attorney before signing any documents associated with your accident.
DON'T send your records to the insurance company. The insurance company is going to ask you for medical records, bills, and many other documents. Before you send these documents you should talk to an attorney.

This list is not exclusive and every situation is unique. An experienced personal injury attorney should be contacted to assist you in this process. Don't worry if you have never been involved in a lawsuit before or feel overwhelmed. That's normal. Steven J. Morton & Associates is here to help.

Welcome to Our New Personal Injury Blog!

Personal Injury Attorney — Fri, 08 Apr 2011 01:43:00 GMT

We are pleased to announce the launch of our new Chicago personal injury web site and law blog! We have an RSS feed available for you here.